Opinion / Christopher Cermak
RBG and democracy
Of all my assignments as a reporter over the years, there was something special about covering the US Supreme Court. Part of it was recognising the immense weight and impact of its decisions. Another part was the tremendous challenge, as a lowly reporter, of deciphering complex legal debates – made even tougher by the fact that the court’s nine lifetime-appointed justices didn’t particularly worry about crafting pithy sound bites. They served independently of politics and cared (most of them, at least) only about the right outcome under the law.
This fealty to the law over politics has slowly but surely been eroded over the last 20 years in the US. The tipping point could be the passing on Friday of one of the country’s most impressive legal minds ever, Justice Ruth Bader Ginsburg (pictured). Yes, Ginsburg had an ideological agenda, most notably seeking equal rights for women, but she worked patiently within the law over decades, rather than politicking or abusing the law, to achieve her goals. It helps explain her well-documented friendship with the late Antonin Scalia, one of the Supreme Court’s most conservative justices and her ideological opposite; both had an appreciation of the law’s limitations.
Supreme Court justices have always been to some extent political; they’re appointed by presidents and confirmed by the US Senate. But it’s their devotion to the law that has led to surprises: justices such as Sandra Day O’Connor and David Souter famously shifted from conservative orthodoxy despite being appointed by Republican presidents. But this is changing: justices today are nominated expressly for their ideology, their appointments meant to further a political agenda. It explains why Senate Republicans blocked Barack Obama’s 2016 nominee (a replacement for Scalia, no less) in an election year but are now likely to allow Donald Trump a nominee just before November’s election. Whether technically legal or not, this blatant placing of political considerations above the spirit of the law means only one thing: democracy is in danger.